PREA

James, John

Original

Transcript

PREA Thur. we went on lockdown. Sat. 18 strip searches started. My name is John James, and I’m speaking on behalf of all medium custody G-4’s on the Jordan unit and were being subjected to emotional torture with sexual harassment on the Jordan. They found some alcohol around a gallon of homemade wine and so now they’re stripping searching us 8 times a day they started Saturday and Sunday so I’ve been stripped naked 16 times in two days along with about 100 other inmates. Also night shift is stripping us in the day room with no protective walls subjecting to expose our selfs in public if we don’t strip we don’t, don’t shower, no dayroom, nothing. The same issue happened a month ago on another wing with G-2’s and the warden didnot subject them to the same cruel and unusual punishment, they trying to humiliate and punish us with strip searches “routine visual inspection of the rectum by correction officer’s constitute cruel and unusual punishment in violation of the 8th and 14th amendment.” Frazier, 426 F.S. 1354, “A strip search is unconstitutional if it is designed to intimidate, harass, or punish.” Jean-Lauren, 540, F.S. 501 I live in fear of these officers actions. This excessive force is out of control. They strip us in they dayroom at breakfast with 50 degree temperature and I’ve developed a cold because of it.” The 8th amendment prohibition against cruel and unusual punishment stands as a protection from bodily searches which are maliciously motivated, unrelated to institutional security, and hence totally without penological justification.” Rhodes v. Chapman, 101 S. CT. 2392 “Prisoners are constitutionally entitled not to be subjected to searches conducted solely to harass.” Hudson, 104 S. CT. 3194. This happened to population a month and they weren’t stripped 8 times a day “All persons similarly situated are to be treated alike” Artway, 81 F. 3d, 1235. They need to treat us the same as G-2’s or subject the rest of the population to the same treatment. There not stripping us for drugs or dangerous weapons, they just want to harass us.” Routine body searches in prison, conducted without probable cause have been condemned in general Ruiz V. Estelle, 503 F.S. 1265, 1372, show me justification, to make me get naked in public 16 times in two days, I’m in the process of contracting human rights, F.B.I., internal affairs, Washington, This is also a violation of the fourth amendment protection against unlawful searches and seizures. The question at the heart of the issue are what rights do people have in prison, what powers do officers have and when and where do parts of the fourth amendment, which protects people from unlawful searches and seizures, stop applying. I’m asking for a full investigation about forcing a hundred inmates to strip, or don’t eat, or don’t go to church. Prison should not be used as an excuse to violate anybody’s constitutional rights – these illegal searches are extreme and completely unacceptable and deeply troubling. Individuals do not waive their constitutional or human rights simply because they choose to come to prison. Prison cannot be an excuse for sexual assault under the color of legal authority. Also want an investigation into the incident and into prison search and detention protocols. Constitutional limits exist so that the rights of humans are protected and the government does not deprive any person of life, liberty, or property, without due process of law. TDCJ has responsibility to ensure that all persons in prison are treated humanely and in accordance with our laws. 100 offenders are being forced in full-body cavity searches for no reason. TDCJ is acting without accountability right now, they are doing whatever they deem necessary in their pursuit for contraband. This is a clear example of that. No search warrant/probable cause was issued. This is not constitutional or necessary to subject someone to this many searches. This should be a clear indication that TDCJ has gone to far. Prison is not a constitution free zone. But you do have diminished rights in prison. It does not mean you have no rights and this lawsuit is a clear case that the federal government exceeded protection granted under the 4th, 8th, and 14th amendment. Prison is to rehabilitate not torture. Collective punishment is prohibited. TDCJ is also in violation of government.

Author: James, John

Author Location: Texas

Date: April 29, 2017

Genre: Essay

Extent: 4 pages

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